As used in ORS § 138.688 to 138.700:

Terms Used In Oregon Statutes 138.688

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(1) ‘CODIS’ means the Combined DNA Index System.

(2) ‘DNA’ means deoxyribonucleic acid.

(3) ‘Exculpatory results’ and ‘exculpatory evidence‘ are limited to those DNA test results or evidence that are material to a determination of the identity of the individual who committed the crime, or whether the crime was committed.

(4) ‘Federal standards’ means the Federal Bureau of Investigation Quality Assurance Standards for Forensic DNA Testing Laboratories, as modified or amended by the Federal Bureau of Investigation, or any successor standards adopted by the Federal Bureau of Investigation.

(5) ‘National DNA Index System’ or ‘NDIS’ means a national, searchable DNA database created and maintained by the Federal Bureau of Investigation where DNA profiles are stored.

(6) ‘NDIS manual’ means the Federal Bureau of Investigation’s NDIS Operational Procedures Manual, as modified or amended by the Federal Bureau of Investigation, or any successor operational procedures manual.

(7) ‘NDIS-participating laboratory’ means a forensic laboratory that has been designated to operate CODIS and participate in the National DNA Index System.

(8) ‘Nonparticipating laboratory’ means a laboratory that does not participate in the National DNA Index System but that is accredited by a nonprofit organization and meets federal standards.

(9) ‘State DNA index system’ means a statewide, searchable DNA database created and maintained by the Department of State Police where DNA profiles are stored. [2019 c.368 § 2]

 

138.688 to 138.700 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.